Zoning Commission Minutes 10/01/2018
SIMSBURY ZONING COMMISSION
TOWN OF SIMSBURY
REGULAR MEETING MINUTES – Subject to Vote of Approval
Monday, October 1, 2018 at 7PM
Simsbury Town Hall – Main Meeting Room
933 Hopmeadow Street, Simsbury, Connecticut
PRESENT: Kevin Gray, Jackie Battos, Michael Doyle, Donna Bernstein,
Gavin Schwarz, Bruce Elliott
Alternate: Joseph Campolieta
ABSENT: Dave Ryan, Thomas Frank
ALSO PRESENT: Michael Glidden CFM CZEO, Director of Planning and Community Development
I. CALL TO ORDER:
Chairman Kevin Gray called the meeting to order at 7:02PM.
II. ROLL CALL:
Mr. Campolieta was appointed to sit for Mr. Ryan
III. APPROVAL OF MINUTES: of the September 17, 2018 regular meeting
Mr. Elliott made note of the following changes needing to be made to the minutes:
Line 209 Lisa Arnold presented her proposal to the Commission. She stated the DRB provided a positive approval with some conditions.
Line 289 h. Application #18-47 of Chris Millard, Phase Zero Design, Agent; Grove Property Fund , LLC, Owner; for a Site Plan Amendment for changes to the Fitzgerald’s façade on the property located at 710 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001-2). Zones SC -1 and SC-3 (to be received 09/17/2018; decision must be rendered by 11/21/2018).
Line 367 Motion: Mr. Gray made a motion to add Application #18-53 to the agenda. Mr. Doyle seconded the motion. The motion was carried 5-0-1.
Mr. Elliott made a motion to make said changes to the minutes, Chairman Kevin Gray seconded the motion. Motion passed unanimously.
IV. PUBLIC HEARINGS:
1. Application #18-38 of Thomas R. Evans and Christopher J. Smith, Esq., Applicants, for a Text Amendment to Article Ten, Section E.3, Off-Street Parking Regulations, regarding the locations of parking areas. (public hearing must be closed by 10/22/2018)
a. Applicant has requested to table until 10/15.
Motion: Mr. Campolieta made a motion to table Application #18-38 to the next meeting, scheduled for October 15, 2018. Mr. Doyle seconded the motion. Motion passed unanimously.
2. Application #18-49 of Christopher J. Smith, Esquire, Agent; Thomas R. Evans, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a liquor permit for a package store on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1.
Motion: Mr. Campolieta made a motion to table Application #18-49 to the next meeting, scheduled for October 15, 2018. Mr. Doyle seconded the motion. Motion passed unanimously.
V. OLD BUSINESS:
1. Applications
a. Application # 18-38 of Thomas R. Evans and Christopher J. Smith, Esq., Applicants, for a Text Amendment to Article Ten, Section E.3, Off-Street Parking Regulations, regarding the locations of parking areas.
(No action required, Tabled for next meeting, October 15, 2018)
b. Application #18-44 of B-Fare Property, LLC, Owner, John B. Kennelly, Agent; for a Site Plan Amendment to add a dumpster pad on the property located at 4 Railroad Street (Assessor’s Map H10, Block 226, Lot 002A). Zone SC-3. (decision must be rendered by 11/21/2018)
Mr. Kennelly appeared as Agent of Applicant, Kennelly and Associates, 196 Trumbull Street, Suite 508, Hartford, CT, representing The Application requesting installation of concrete pad for dumpster where crushed stone is currently. Applicant noted that, currently, there is fencing around the pad, and plans call to use existing fencing.
Chairman Kevin Gray questioned if the fencing blocks the view from Phelps. Mr. Kennelly stateds that the fence has a gate that can be closed to obstruct the view.
Mr. Kennelly submitted confirmation of fax communication with Farmington Valley Health District, Fire Marshal, and Inland Wetlands regarding this application. Mr. Kennelly also noted that this change is at the strong recommendation of the Farmington Valley Health District.
Mr. Glidden stated that Staff is looking for confirmation from FVHD that the pad is appropriate placement; Staff has not yet received confirmation of such.
Mr. Glidden recommended that the Commission grant approval for this application with the conditions that issuance of a Zoning permit would require sign off from Farmington Valley Health District and that the gates be modified so they close to provide screening from Phelps Lane.
Motion: Mr. Doyle made a motion to approve Application #18-44 of B-Fare Property, LLC, for a Site Plan Amendment to add a dumpster pad to the property with the following conditions: 1. That a zoning permit is required; 2. No zoning permit to be issued until written approval from the Farmington Valley Health District; 3. A gate be repaired/replaced in order to provide adequate screening of the pad from Phelp’s Lane. Ms. Battos seconded the motion. The motion passed unanimously.
c. Application #18-46 of John Galvin, Applicant, for a Text Amendment to Article Seven, Section 1, of the Simsbury Zoning Regulations regarding Vehicle repair facilities in the I-1 Zone. (No action needed, public hearing scheduled for 11/19/2018; referred to Planning Commission for 10/09/2018 meeting pursuant to CGS 8-3a)
d. Application #18-47 of Chris Milliard, Phase Zero Design, Agent; Grover Property Fund, LLC, Owner, for a Site Plan Amendment for changes to the Fitzgerald’s façade on the property located at 710 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001-2). Zones SC-1 and SC-3. (decision must be rendered by 11/21/2018)
Mr. Milliard of Phase Zero Design, on behalf of Grove Property Fund, presented the design plans for the new façade renovation at Fitzgerald’s Foods at Drake Hill Mall. Plans were presented to build a new large canopy over the entrance of the building, with new brick to match the existing brick of the existing building. The building footprint would remain the same, with the exception of the two new columns to be added in front of the entryway.
Ms. Bernstein asked if it would be guttered. Mr. Milliard noted that it would be guttered; most likely the gutters would come down the sides of the columns.
Mr. Milliard noted that the structure of the roof would be all metal with some sort of pendant lighting.
Ms. Bernstein asked if there would be any concern for snow. Mr. Milliard stated snow guards would likely be installed.
Mr. Elliott discussed concerns about visibility and safety regarding the pillars and pedestrians stepping out into traffic. He inquired whether anything would be done to slow down traffic. Mr. Milliard stated there are no codes he is aware of that would require further action. He further noted that there would be a substantial buffer, with ten feet left in front of the columns.
Mr. Milliard showed a final rendition of the proposed finished product, drawing attention to the continuity with the other businesses in the building in the plaza.
Lighting was discussed, and Mr. Milliard noted that DRB gave a favorable recommendation with the can lighting as shown and noted that lighting is necessary under the canopy.
Motion: Ms. Battos made a motion to approve Application #18-47 of Chris Milliard, Phase Zero Design, Agent; Grove Property Fund, LLC, Owner; for a Site Plan Amendment for changes to the Fitzgerald’s façade on the property located at 710 Hopmeadow Street, subject to the following conditions: 1. Administrative Zoning Compliance permit is required for work; 2. Approval is only for façade work; and 3. Changes to signage and lighting require separate approval. Motion is seconded by Mr. Doyle. Motion passed unanimously.
e. Application #18-49 of Christopher J. Smith, Esquire, Agent; Thomas R. Evans, Owner; for a Special Exception pursuant to Article Ten, Section H, of the Simsbury Zoning Regulations for a liquor permit for a package store on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (No action needed as public hearing is scheduled for 10/15/2018.)
f. Application #18-50 of Christopher J. Smith, Esquire, Agent; Thomas R. Evans, Owner; for a Site Plan Amendment for a package store on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (decision must be rendered by 11/21/2018)
Motion: Mr. Doyle made a motion to table Application #18-50 until next meeting, Mr. Campolieta seconded the motion. Motion passed unanimously.
g. Application #18-51 of Michael Glidden, CFM, CZEO, Director of Planning & Community Development, Applicant on behalf of the Simsbury Zoning Commission, for a Text Amendment to Article Seven, Section B.7, and Article Seven, Section C.9, of the Simsbury Zoning Regulations regarding accessory dwelling units. (No action needed; public hearing scheduled for 11/19/2018; referred to Planning Commission for 10/09/2018 meeting pursuant to CGS 8-3a)
h. Application #18-52 of Robin Newton, Code Compliance Officer, Applicant on behalf of the Simsbury Zoning Commission, for a Text Amendment to Article Ten, Section H.6, of the Simsbury Zoning Regulations regarding temporary liquor permits. (No action needed; public hearing scheduled for 11/19/2018; referred to Planning Commission for 10/09/2018 meeting pursuant to CGS 8-3a)
i. Application #18-53 of Laurie & Paul Sellitto, Owners, for a Special Exception pursuant to Article Seven, Section C.1, of the Simsbury Zoning, Regulations for a home occupation for a landscaping business run out of the existing residence on the property located at 16 West Tomstead Road (Assessor’s Map G08, Block 120, Lot 058A). Zone R-15. (No action needed; public hearing scheduled for 10/15/2018)
VI. NEW BUSINESS
1. Receipt of New Applications
a. Application #18-54 of Ryan Kreiger, Agent; Hermes LLC, Owner; for a Sign Permit for The Winged Bear on the property located at 775 Hopmeadow Street (Assessor’s Map G10, Block 203, Lot 005). Zone SC-1. (to be received 10/01/2018; decision must be rendered by 12/05/2018)
Mr. Glidden informed the board of the new sign plans, discussed at the Design and Review Board meeting the same evening. DRB gave a favorable recommendation on this application for replacement signage where the old Attilio’s restaurant was. Mr. Kreiger changed the name to The Winged Bear. The proposed sign matches the size of the previous sign. Staff recommended approval of the application.
Motion: Ms. Battos made a motion to approve Application #18-54 for a Sign Permit for The Winged Bear on the property located at 775 Hopmeadow Street, subject to the following conditions of the approval: 1. An administrative zoning compliance permit is required for the installation of the sign; 2. The sign is the exact replacement of Attilio’s sign: changes to size or illumination require approval by the zoning commission. Mr. Campolieta seconded the motion, motion passed unanimously.
b. Application #18-55 of Anthony Piazza, Agent; Town of Simsbury Public Library, Owner for a Site Plan Amendment for the installation of a brick screening wall for the installation of a stand-by generator on the property located at 725 Hopmeadow Street (Assessor’s Map G10, Block 203, Lot 049). Zone SC-1. (to be received 10/01/2018; decision must be rendered by 12/05/2018)
Mr. Glidden explained that DRB made a favorable recommendation for this application. Tony Piazza will be at the next meeting, and staff requested that this application be tabled until October 15, 2018.
Motion: Mr. Campolieta made a motion to table Application #18-55 to the meeting scheduled for October 15, 2018. Motion seconded by Ms. Battos. Motion passed unanimously.
c. Application #18-56 of Christopher J. Smith, Esq., Agent; Thomas R. Evans, Owner; for a Special Exception pursuant to Article Eight, Section A, Footnote 8, of the Simsbury Zoning Regulations to increase coverage to 58.7%, as provided by Article Eight, Height and Area Requirements, Subsection A, Scope of Requirements, Footnote 8, on the property located at 132 Hopmeadow Street (Assessor’s Map F18, Block 154, Lot 006). Zone B-1. (to be received 10/01/2018; public hearing to be scheduled for 10/15/2018)
Motion: Mr. Campolieta made a motion to schedule a public hearing for Application #18-56 for the next meeting on October 15, 2018. Mr. Doyle seconded the motion. Motion passed unanimously.
d. Request to Amend the Agenda to include the addition of Application #18-57, Lori Wagner of Hello Lovely, for signage approval.
Motion: Mr. Doyle made a motion to amend the agenda to include Application #18-57. Ms. Battos seconded the motion. Motion passed unanimously.
e. Application #18-57 of Lori Wagner, Hello Lovely, Agent; GPF-Drake Hill LLC, Owner; for signage for Hello Lovely on the awnings on the Cannon Building on the property located at 720 Hopmeadow Street (Assessor’s Map G10, Block 227, Lot 001-2). Zones SC-1 and SC-3
Mr. Glidden noted that this is a simple sign replacement. A current business in the process of relocating requested to change the signage on the awnings. In addition, the flood light under the center door awning would be removed, as agreed by all parties. Staff recommended approval.
Motion: Mr. Campolieta made a motion to approve Application #18-57 for signage for Hello Lovely on the awnings on the Cannon Building on the property located at 720 Hopmeadow Street. The sign permit approval is subject to the following conditions of approval: 1. An administrative zoning compliance permit is required for installation of new signage; 2. Any changes, such as addition of lighting or size of total signs, requires approval from the Zoning Commission. Mr. Doyle seconded the motion. Motion passed unanimously.
VII. GENERAL COMMISSION BUSINESS
1. Correspondence
a. Mr. Glidden attended a discovery meeting for FEMA last week. They are starting a map revision project for the flood insurance maps. A draft map will be out in 2019, with a targeted effective date of 2021. They will be restudying the Farmington River, Hop Brook, Nod Brook and possibly Stratton Brook. There will be new data for the National Flood Insurance. It is still in the preliminary stages.
b. Request from Town Manager to select a member from Zoning and Commission to be an ex-officio member of the Economic Development Commission.
Ms. Battos volunteered for this position.
Chairman Kevin Gray designated Ms. Battos as a representative from the Zoning Commission.
c. Proposed 2019 Zoning Commission Regular Meeting Calendar
Mr. Glidden reported that DRB voted to approve their meeting calendar. DRB agreed to schedule a special meeting in August, if the Zoning Commission should deem it necessary. Mr. Glidden also noted that applications submitted in mid-July have to wait until September to be heard.
Ms. Battos noted that special meetings have occurred in the past, when needed.
Motion: Ms. Battos made a motion to approve the proposed 2019 regular meeting calendar for the Zoning Commission. Mr. Campolieta seconded the motion. The motion was passed unanimously.
d. Zoning Regulations- Amendments
Mr. Glidden noted that work is still being done to the amendments. There are plans to discuss Air BnB at the next meeting.
VIII. ADJOURNMENT
Motion: Mr. Campolieta made a motion to adjourn the meeting at 7:45PM. Motion was seconded by Ms. Battos. Motion was passed unanimously.
Submitted by:
Kimberly Rathbun
Clerk